Writing a will
Querist :
Anonymous
(Querist) 17 August 2015
This query is : Resolved
I am a doctor. Married twice. Got 2 sons through my first wife who lived with me for only 7 years, who for a silly quarrel comitted suicide leaving behind a 5 year old son and 1 year old son.The way she ended her life left lot of scars both mentally and physically in me .Later I got remarried and got a son through my second wife who had literally healed all my earlier scars.
Now I have brought up all my sons with the help of my second wife and made all of them doctors- postgraduates. I have also accumulated about 12 no of immovable properties. My Elder son had done my speciality and is likely to take care of my scan centre with all costly equipments and good will. I have constructed a small nursing home for my second and last sons who are likely to take it up but have to start from scratch. I have to support them for basic infrastructure.
Now in my will I have mentioned that both my Elder son and other two must share 20% of their nett income from practice with their parents in case of my disability or retirement from work, and with my wife after my period. While I have divided other properties equally, for the above mentioned commercial poperties I have given life time rights to my wife and absolute rights to my sons only after her life. I feel I have done a right thing. Will there be any legal lacuna or hitch? because I can not take my daughter in laws for granted. My third son is yet to be married. By the way all my properties are self aquired and only one is my father's.
Guest
(Expert) 17 August 2015
" I am Doctor Married Twice" An Anonymous would be Entitled to Marry Several Times And Always No Problem About any Thing To An Anonymous.
SAINATH DEVALLA
(Expert) 17 August 2015
A doctor married twice,why should U remain anonymous Sir,U can reveal UR identity.I don't find any thing wrong in UR will,but better get it registered to avoid future legal complications within UR family(U HAVE MENTIONED THAT U CANNOT TAKE UR DAUGHTER IN LAWS FOR GRANTED),there could be a reason for that.
Anirudh
(Expert) 17 August 2015
I understand and appreciate your situation in life.
I am not quite comfortable with the condition imposed by you about sharing of 20% of their net income.
Having said that, I don't think that there would be any legal hitch whatsoever for the following reasons:
1. You have only written a WILL giving your properties in the manner described by you to your elder son and other sons. In case you find at any point of time during your life time that your sons are not acting in the manner that you expected of them, then you will be able to write a Fresh WILL suitably.
2. You have very sensibly and thoughtfully given the property to your wife for her life time. This will surely protect her interests.
Wishing you all the bests.
Querist :
Anonymous
(Querist) 17 August 2015
Is there any thing wrong in expecting the sons to support aging father and mother who had worked all their lifetime and created them as educated citizens& generated fortune for them to have it as the Base to thrive and excel. To that effect asking them to share 20% in case of disability or decision to retire and after me till my wife's life time? Can't such clause be expressed in a will legally?
For Hon .Mr.N.J.S. Raj kumar alias Narasimha,
It's will boss .
So remaining anonymous is apt.
Thanks a lot to Hon. Mr. Aniruth
Anirudh
(Expert) 17 August 2015
Pl. do not address me as Hon. I don't deserve it for I am an ordinary mortal. I am saying this not out of modesty but due to reality.
All that I wanted to say was that one can bequeath one's wealth to whomsoever one desires. Nobody can compel.
Similarly, you cannot compel somebody (in this case your sons) to share their wealth in the manner desired by you! They can jolly well refuse. In any case, legally speaking the WILL would come into operation only upon the demise of the Testator i.e. the person making the WILL. Till that time, the question of sharing 20% of net income, even if part of the WILL may not get operated. These are some of the legal infirmities in the said condition.
Querist :
Anonymous
(Querist) 17 August 2015
Ok sir I understand. Thanks for highlighting the practical problem in putting that condition & explaining that no one can be compelled by an will. But even when they are enjoying our hard work and we are only asking them for our support during the period of retired life , can't that be legally acceptable?
Anirudh
(Expert) 18 August 2015
If the parents are unable to maintain themselves - the children are bound to maintain them. There is law to protect the parents and to compel the children in this regard. Again such a provision will apply only for taking minimum care not as demanded by the parents. Again such a right is not flowing from the WILL, but under separate law.
If you have made a conditional GIFT - then if the conditions are violated, then the GIFT DEED can be got cancelled. The law protects you.
However in the case of a WILL, the effect of the WILL takes place only after the maker of the WILL dies. Therefore, during his life time, the question of enforcing any condition contained in the WILL may not arise. Further more, one can ask the beneficiary to make available some amount from the income earned from the property bequeathed (eg. rent from the commercial property given in WILL to the children). But, the same is not true in the case of income earned by the beneficiaries themselves. That is the crux.
Guest
(Expert) 18 August 2015
Made For Each Other
SAINATH DEVALLA
(Expert) 18 August 2015
HA HA HA, the querist is well versed in law,I presume better than the legal experts.
Querist :
Anonymous
(Querist) 18 August 2015
Thanks a lot for your vivid explanation Mr. Aniruth. Hope this would enlighten other readers too.
Anirudh
(Expert) 18 August 2015
Thank you Doctor.
As usual, wishing you all the bests.
Guest
(Expert) 18 August 2015
Better Understandings Proves the Made For Each Other.
